Bombay High Court

MARUTI GUNAJI BHALERAO AS PER PROCEEDINGS (CORRECT NAME IS SHRI. MARUTI RANU BHALERAO) AND ANR.versusSMT. SMITA AMIT BHALERAO AND ORS.

Decided: 20 February 2026
Disposal: Allowed
Bench: NEELA KEDAR GOKHALE

Holding

The court held that the mother may withdraw 50% of her 35% share of the compensation awarded.

Summary

The Motor Accident Claims Tribunal, Mumbai, awarded Rs.13,74,000 to the widow of a deceased and Rs.35% of that amount to the mother of the deceased, with interest. The mother (Appellant No.2) filed an interim application seeking to withdraw her share of the compensation deposited by the insurer. The court considered whether the mother could lawfully withdraw part of the awarded amount. Relying on the tribunal's award and the application’s averments, the court permitted the mother to withdraw 50% of her 35% share. The order allowed the withdrawal and disposed of the interim application. No parties appeared on behalf of the respondents.

Issues considered

Whether the mother of the deceased is entitled to withdraw a portion of the compensation awarded by the Motor Accident Claims Tribunal

Subjects

Motor Accident Claims Tribunal
Compensation award
Withdrawal of share
Interim application
Family members of deceased

Judgment

Prasad Rajput
    (P.A.)                                            105_IA_1313_2016.doc




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                INTERIM APPLICATION NO.1313 OF 2026
                                IN
                    FIRST APPEAL NO.895 OF 2016

Shri. Maruti Gunaji Bhalerao
as Per Proceedings (Correct
name is Shri. Maruti Ranu Bhalerao) and Anr. …Applicants
      Versus
Smt. Smita Amit Bhalerao and Ors.            …Respondents


Mr. Mohd. Atif Haider i/by A.M. Gokhale, for the Applicants.
None for the Respondent.


                          CORAM             DR. NEELA GOKHALE, J.
                          DATED:            20TH FEBRUARY 2026
PC:-


1.               The order dated 18th April, 2015, passed by the

Member, Motor Accident Claims Tribunal, Mumbai in Motor

Accident Claim Application No.357 of 2013 reads thus:


       1.        Application is allowed with costs.
       2.        The Opp. Party and the Insurance Company shall jointly
       and severally pay a sum of Rs.13,74,000/- ( Rupees Thirteen
       Lacs Seventy Four Thousand only) inclusive of the NFL, if any, to
       the applicant and respondent No.2 along with interest @7.5%
       p.a. from the date of application till realisation.



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                                20 February 2026
Prasad Rajput
    (P.A.)                                          105_IA_1313_2016.doc

       3.       The Opp. Party and insurance Company are directed to
       deposit the amount of compensation with accrued interest by
       A/c. Payee cheque duly crossed and drawn in the name of the
       applicant.
       4.       On depositing the amount 65% amount be paid to
       applicant widow of the deceased and 35% amount be paid to
       Respondent No.2 mother of the deceased by A/c. Payee cheque
       after due verification and on recovery of deficit Court fee, if any.
       5.       Applicant and respondent No.2 are directed to deposit
       the deficit court fees on the excess amount than claimed.

2.              Today, the Appellant No.2, the mother of the

deceased, by way of the present Application, seeks to

withdraw her share of the compensation amount deposited by

the Insurance Company before the Motor Accident Claims

Tribunal, Mumbai.



3.              None appears on behalf of Respondents today.



4.              Considering       the        averments    made      in     the

Application and the submissions of Mr. Haider, learned

counsel for Appellant No.2 i.e. the mother of the deceased,

the Appellant No.2 is permitted to withdraw 50% of her share

of 35% of the comepnsation as deposited by the Insurer in the



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                                 th
                               20 February 2026
Prasad Rajput
    (P.A.)                                          105_IA_1313_2016.doc


Motor Accident Claims Tribunal, Mumbai, pursuant to award

dated 18th April, 2015.



5.              Interim Application is allowed in the aforesaid

terms and is disposed of.



                                                (DR. NEELA GOKHALE, J)




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                           20 February 2026

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